Womack v. Perry
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RODNEY JEROME WOMACK,
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Plaintiff,
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No. 2:15-cv-1858 JAM DB P
v.
FINDINGS & RECOMMENDATIONS
WARDEN PERRY,
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Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights
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action under 42 U.S.C. § 1983. By order filed November 10, 2015, plaintiff’s complaint was
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dismissed and thirty days leave to file an amended complaint was granted. (ECF No. 9.) After
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plaintiff filed several documents, including an amended complaint, on March 11, 2016, the court
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dismissed the amended complaint and plaintiff was again granted thirty days in which to file a
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second amended complaint. (ECF No. 16.) Plaintiff filed a second amended complaint, which
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was also dismissed. (ECF No. 24.) In the order filed September 28, 2017, the court gave plaintiff
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thirty days to file a third amended complaint. Plaintiff was advised that his failure to file a third
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amended complaint would result in a recommendation that this action be dismissed. Those thirty
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days have now expired, and plaintiff has not filed an amended complaint or otherwise responded
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to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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Dated: November 13, 2017
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DLB:9
DB/prisoner-civil rights/woma1858.fta.ext
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